Related Proceedings and Actions
On July 5, 2022, Governor Hochul signed the Utility Thermal Energy Network and Jobs Act into law. The legislation allows public utilities to own, operate, and manage thermal energy networks, as well as supply distributed thermal energy, with Public Service Commission (PSC) oversight. Among other items, the law requires the PSC to initiate a proceeding within three months to support the development of thermal energy networks for the purpose of meeting the CLCPA's GHG emissions and equity goals.
On July 5, 2022, Governor Hochul signed the Advanced Building Codes, Appliance and Equipment Efficiency Standards Act of 2022 into law. The legislation requires the New York State Energy Conservation Construction Code to be updated to achieve energy efficiency and greenhouse gas emission reductions in line with the CLCPA.
On July 5, 2022, Governor Hochul signed Senate Bill S8648 into law. The bill amends state labor law to require the payment of the prevailing wage for renewable energy projects one megawatt and larger that involve the procurement of renewable energy credits from a public entity.
On June 30, 2022, NY DEC denied a Title V Air Permit Renewal Application for Greenidge Generating Station, a primarily natural gas-fired electric generating facility that had recently converted to a proof-of-work cryptocurrency mining facility. DEC cited inconsistency with the CLCPA in its denial of the application.
On June 16, 2022, the New York Public Service Commission initiated a proceeding concerning electric utility climate vulnerability studies and plans, as mandated by a 2022 New York State law. The law requires each utility to prepare a study that delineates how and why climate change is affecting its electric system, service territory geography, and topography, and analyze recognized scientific data concerning expected changes in temperature, wind, and sea levels. The utilities must then prepare climate vulnerability plans based on the vulnerabilities discussed in the studies. The utilities must also establish climate resilience working groups to advise and make recommendations on the development and implementation of the climate resilience plans.
On May 12, 2022, the New York Public Service Commission (NYPSC) adopted a gas system planning process to foster natural gas utilities' compliance with the state's greenhouse gas emission reduction goals. The NYPSC order requires utilities to file proposed long-term plans every three years, which must quantify greenhouse gas emissions and include at least one scenario without new traditional gas infrastructure. The order also requires utilities to provide annual updates on their plans.
In March 2022, the New York State Department of Public Service opened a new docket (Matter Number 22-00570/Case Number 22-M-0149) in response to a petition to assess the implementation of and compliance with the requirements and targets of the Climate Leadership and Community Protection Act.
The FY 2023 New York State Executive Budget proposes to extend the tax incentives available for remediation and redevelopment of contaminated sites under New York’s Brownfield Cleanup Program (“BCP”) for ten years and and extends eligibility for tangible property credits to "Renewable Energy Facility Sites," defined as "real property . . . a) that is primarily used for any renewable energy system, as defined in section sixty-six-p of the public service law; (b) any co-located system storing energy generated from such a renewable energy system prior to delivering it to the bulk transmission, sub-transmission, or distribution system; or (c) any standalone system storing energy interconnected into New York's bulk transmission system or an Investor Owned Utility's (IOU) transmission or distribution system providing distribution services, wholesale market energy, ancillary services, and/or capacity services, including all associated appurtenances to electric plants as defined under section two of the public service law."
The New York State Department of Environmental Conservation Division of Materials Management has published proposed policy guidance regarding the siting of photovoltaic (PV) solar projects located at closed solid waste landfills. The proposed policy guidance describes the procedure and considerations to be used by Department staff when reviewing PV solar projects located at closed solid waste landfills and identifies the required information that must be provided for review and approval of these projects.
Under the CLCPA, the New York State Climate Action Council must develop a scoping plan that will make recommendations on regulatory measures and other state actions that will ensure the attainment of the statewide greenhouse gas emissions limits. The scoping plan will inform the State Energy Planning Board’s adoption of a state energy plan.
On December 30, 2021, the Climate Action Council released the New York State Climate Action Council Draft Scoping Plan. The Climate Action Council is accepting public comments on the Draft Scoping Plan until July 1, 2022.
On January 5, 2022, New York Independent System Operator (NYISO) proposed revisions to its service tariff before the Federal Energy Regulatory Commission. Among other proposed revisions, NYISO proposes to exempt certain facilities from buyer-side mitigation (BSM) rules if they meet the goals of New York State’s Climate Leadership and Community Protection Act.
The 2021-2022 Enacted State Budget established a process for the New York State Department of Taxation and Finance (Department) to develop a standard appraisal methodology for solar and wind energy systems equal to or greater than 1,000 kilowatts (kW). The Department posted a final appraisal model on October 13, 2021.
In December 2021, the New York State Climate Action Council's Just Transition Working Group published its 2021 Jobs Study, which tracks the impact of climate change impacts, mitigation, and adaptation on jobs.
On December 29, 2021, DEC adopted amendments to 6 NYCRR Part 218 and 6 NYCRR Section 200 to incorporate California's medium- and heavy-duty zero emission vehicle (ZEV) sales requirement and large entity reporting requirement, also referred to as the "Advanced Clean Trucks" (ACT) regulation.
On December 17, 2021, NYSERDA and the New York Department of Public Service released "New York’s 10 GW Distributed Solar Roadmap: Policy Options for Continued Growth in Distributed Solar" under Case 21-E-0629 (In the Matter of the Advancement of Distributed Solar). The roadmap proposed a significant expansion of New York’s NY-Sun initiative.
First established in 2010, Commissioner Policy #49 "Climate Change and DEC Action" (CP-49) provides guidance to agency divisions, offices, and regions regarding the incorporation of climate change considerations into agency activities. DEC has revised CP-49 to reflect requirements under the Climate Leadership and Community Protection Act (CLCPA). This includes guidance for implementing provisions of Section 7 and 9 of the CLCPA.
According to DEC's website, written comments can be submitted by mail or email until 5 p.m. January 7, 2022. Include "Comments on CP-49" in the subject line.
Policy DAR-21, proposed by the New York State Department of Environmental Conservation (DEC) Division of Air Resources, outlines the requirements for analyses developed pursuant to Section 7(2) of the Climate Leadership and Community Protection Act (CLCPA) in support of air pollution control permit applications. This policy is written to provide guidance for applicants and DEC staff when preparing and reviewing CLCPA analyses submitted to DEC in support of air pollution control permit applications.
According to DEC's website, written comments on the proposed guidance may be submitted to NYSDEC, 625 Broadway, Albany, NY 12233-3254, ATTN: Mark Lanzafame, P.E., or by e-mail to [email protected]. Written statements must be submitted to NYSDEC by 5 p.m. January 7, 2022.
In December 2021, the New York State Comptroller published its Review of Capital Needs and Resilience at the MTA. The report highlights the potential effects of certain climate risks on the system’s assets, along with operational indicators to consider for prioritization in the next update to the MTA's needs assessment and capital plan.
On November 4, 2021, Governor Kathy Hochul announced the launch of a multi-year study, which will be titled the New York State Climate Impacts Assessment: Understanding and Preparing for Our Changing Climate. The study will explore how climate change affects communities, ecosystems, and the economy in New York State. The New York State Energy Research and Development Authority (NYSERDA) will lead the study, which will be conducted in partnership with academic institutions, science organizations, community leaders, and industry representatives.
On September 9, 2021, Governor Kathy Hochul signed into law Assembly Bill A4302. The law establishes as a state goal that all in-state sales of new passenger cars, trucks, and off-road vehicles will be zero-emissions by 2035. The law further establishes a state goal that all in-state sales of medium-duty and heavy-duty vehicles will be zero-emissions by 2045.
On May 12, 2021, NYS DEC filed a Notice of Proposed Rulemaking with the New York State Department of State to propose a new 6 NYCRR Part 203, "Oil and Natural Gas Sector." The rulemaking is intended to protect the health and welfare of New York residents and resources by, among other things, reducing methane, a greenhouse gas in support of the goals of the Climate Leadership and Community Protection Act.
DEC finalized the rule on February 2, 2022. It will go into effect March 3, 2022.
On September 16, 2020, the Office of Renewable Energy Siting (ORES) proposed regulations and siting standards to implement the Accelerated Renewable Energy Generation and Community Benefits Act.
ORES will seek public comment during the initial development of uniform standards and conditions through five public hearings across the state as well as two virtual public hearings, while complying with public health and safety guidelines due to the circumstances presented by the COVID-19 pandemic. To find more information on the public hearings, click here.
All stakeholders and the public have an opportunity to formally submit comments on the draft regulations until November 16, 2020 and the draft uniform standards and conditions until December 6, 2020.
On April 24, 2018, the Commission opened this proceeding to consider the role of electric utilities in providing infrastructure and rate designs to accommodate the needs and electricity demands of electric vehicles and electric vehicle supply equipment. It will also consider the characteristics of electric vehicle charging stations and how they may facilitate electric vehicle participation as a distributed energy resource. The proceeding's docket is available here.
Most recently, on April 7, 2020, the Commission issued a notice soliciting input from the clean energy industry on the impacts of the COVID-19 pandemic and ideas that should be considered to sustain critical workforces.
On April 29, 2020, DEC and NYSERDA released proposed regulations to strengthen the Regional Greenhouse Gas Initiative (RGGI), the nation's first regional program to cap and reduce greenhouse gas emissions from the electricity sector. The revised regulations would advance New York's portion of the 30 percent regional cap reduction from 2021 to 2030, ensuring that regional emissions are 65 percent below the starting cap level by 2030, and furthering the CLCPA reduction mandates.
On May 14, 2020, the PSC granted a petition to extend NY-Sun, the State’s distributed solar incentive program. The order directs NYSERDA to file an updated NY-Sun Operating Plan by June 1, 2020.
The PSC's order explains, "New York State has established clean energy goals that are both ambitious and necessary to respond to the challenge of climate change, including to transition to a distributed, dynamic, and carbon-free grid of the future. Meeting those goals will require the implementation of sustained, coordinated, and vigorous programs by all participants in the State’s energy system. . . . [T]he NY-Sun program has been a successful means of achieving New York’s distributed solar goals and should be expanded and extended to match the breadth of those goals."
On May 14, 2020, the PSC issued an order requiring utilities to begin an expedited review of their distribution and local transmission infrastructure to assist in the development of the state's power grid study. The order sets in motion a study that will:
1.Evaluate the local transmission and distribution system of the individual service territories, to understand where capacity “headroom” exists on the existing system;
2.Identify existing constraints or bottlenecks that limit energy deliverability;
3.Consider synergies with traditional Capital Expenditure projects - drivers of synergies could include aging infrastructure, reliability, resilience, market efficiency, and operational flexibility;
4.Identify least cost upgrade projects to increase the capacity of the existing system;
5.Identify potential new or emerging solutions that can accompany or complement traditional upgrades;
6.Identify potential new projects which would increase capacity on the local transmission and distribution system to allow for interconnection of new renewable generation resources; and
7.Identify the possibility of fossil generation retirements and the impacts and potential availability of those interconnection points.
Utilities must submit preliminary results by August, 2020, and submit final results -- including potential distribution and local system upgrades -- by November 1, 2020.
On July 2, 2020, within the same proceeding, NYPA proposed a plan to upgrade and expand transmission lines in Northern New York.
On June 18, 2020, theNew York State Department of Public Service (DPS) and the New York State Energy Research and Development Authority (NYSERDA) advanced a White Paper, on which stakeholders and members of the public are invited to comment, that introduces an expanded Clean Energy Standard (CES), re-focusing New York’s existing and relevant regulatory and procurement structures on meeting the critical goal of meeting 70 percent renewable electricity by 2030 and setting the State on a rapid and irreversible path to achieve a carbon free power sector by 2040 in order to align with the goals laid out in New York's nation-leading Climate Leadership and Community Protection Act.
On July 14, 2020, 15 states including New York, and the District of Columbia, announced a joint memorandum of understanding, committing to work collaboratively to advance and accelerate the market for electric medium-and heavy-duty vehicles, including large pickup trucks and vans, delivery trucks, box trucks, school and transit buses, and long-haul delivery trucks (big-rigs). The goal is to ensure that 100 percent of all new medium-and heavy-duty vehicle sales be zero emission vehicles by 2050 with an interim target of 30 percent zero-emission vehicle sales by 2030.
The New York State Department of Environmental Conservation (NSY DEC) is hosting an informational public webinar to discuss the development of a value of carbon guidance for New York State agencies. The webinar will provide the public the opportunity to learn and ask questions.
NYS DEC is required to establish a value of carbon for use by New York State agencies per Article 75 of the Environmental Conservation Law, as amended by the Climate Leadership and Community Protection Act (CLCPA). During this webinar, staff will discuss the requirements for establishing a value of carbon, how a value of carbon is estimated using both a damages and a marginal abatement approach, key considerations, and examples of how a value of carbon may be used by New York State agencies.
Date: Friday, July 24th, 2020
Time: 1:00 p.m. to 2:00 p.m.
To join the webinar, follow this link: https://meetny.webex.com/meetny/onstage/g.php?MTID=e678774efb015559705f3401cb87d46a9
If prompted, the Webex event# is 161 040 2911 and the event password is Carbon2020
Statewide - The New York State Department of Public Service (NYS DPS), as lead agency, has accepted a Final Supplemental Generic Environmental Impact Statement on the proposed Climate Leadership and Community Protection Act. The Final SGEIS is available from Three Empire State Plaza, Albany, NY 12223-1350 (Central Files, 14th Floor) and on line at: http://www.dps.ny.gov; Case No. 15-E-0302.
The action involves analyzing the potential environmental impacts associated with New York State's potential procurement of the incremental renewable resources needed to achieve the targets in the Climate Leadership and Community Protection Act (CLCPA). The CLCPA increases the renewable energy targets in the State from 50% to 70% by 2030, increases the offshore wind procurement goal from 2,400 MW by 2030 to 9,000 MW by 2035, and increases the distributed solar goal of 3,000 MW by 2023 to 6,000 MW by 2025. The project is located throughout the State of New York.
Contact: John Garvey, NYS DPS, 90 Church Street, New York, NY 10007, Phone: (212) 417-2200, E-mail: [email protected].
Bronx, Kings, New York, Queens and Richmond Counties (Bronx, Brooklyn, Manhattan, Queens, and Staten Island) - The New York City Planning Commission (NYCPC), as lead agency, has accepted a Draft Generic Environmental Impact Statement on the proposed Zoning For Coastal Flood Resiliency . A virtual public hearing on the Draft GEIS will be held on February 2, 2021 at 10:00 a.m., more information is available at: https://www1.nyc.gov/site/nycengage/events/city-planning-commission-public-meeting/287210/1. Written comments on the Draft GEIS will be accepted until February 16, 2021. The Draft GEIS is available from the NYCPC, Environmental Assessment and Review Division, 120 Broadway, 31st Floor, NY, New York 10271 and on line at: https://www1.nyc.gov/site/planning/applicants/env-review/flood-text-ii.page.
The action involves a proposal by the New York City Department of City Planning (NYC DCP) is proposing a zoning text amendment, "Zoning for Coastal Flood Resiliency" to update and make permanent the relevant provisions of the existing temporary zoning rules of the Special Regulations Applying in Flood Hazard Areas (Article VI, Chapter 4) of the New York City Zoning Resolution (ZR), which includes the "Flood Resilience Zoning Text" (ULURP No. N130331(A)ZRY, CEQR No. 13DCP135Y) and "Special Regulations for Neighborhood Recovery" (ULURP No. N150302ZRY, CEQR No. 15DCP133Y). In addition, the Proposed Action includes special provisions to help facilitate the city's long-term recovery from the COVID-19 pandemic and its associated economic effects by providing more time for businesses to reopen and builders to complete construction projects. The Proposed Action also includes updates to other sections of the ZR, including the Special Regulations Applying in the Waterfront Area (Article VI, Chapter 2) and provisions within various Special Purpose Districts. The Proposed Action would be applicable citywide affecting all five boroughs and the city's 59 Community Districts.
The project is located throughout New York City, New York.
Contact: Olga Abinader, New York City Department of City Planning, 120 Broadway, 31st Floor, New York, NY 10271, Phone: (212) 720-3493, E-mail: [email protected].